Significant amendments to the Manufactured Homes (Residential Parks) Act 2003 (Qld) will take effect from 6 December 2025 as part of a suite of reforms aimed at enhancing consumer protection and transparency while ensuring residential park viability.
Legal practitioners advising clients in residential parks should be aware of the following key changes.
Requirements for sale agreements
Sale agreements for manufactured homes must include the following information prescribed by regulation:
- Name and contact details for the parties and their agents and solicitors.
- Residential park name and address, manufactured home site location, and park owner’s name and contact details.
- Number of bedrooms and bathrooms in the manufactured home and any unique identifying numbers or features.
- Affixed or attached items not included in the sale.
- Details of alterations or additions to the manufactured home, including relevant applications or approvals.
- Sale price of the manufactured home, and how and when payment is to be made.
- Ownership transfer date and whether the buyers will be joint tenants or tenants in common.
- Buyer’s right to terminate the site agreement during the cooling-off period and circumstances of automatic termination of the sale agreement.
Requirements for new site agreements
A buyer of a manufactured home in a residential park must enter into a new site agreement with the park owner. The buyer will no longer receive an assignment of the seller’s site agreement, except in limited circumstances involving a transfer to a family member.
The new site agreement must include the same terms as the seller’s site agreement in relation to the utilities, communal facilities, services and other amenities that are included in the site rent, unless the buyer and site owner agree to vary these terms.
All new site agreements must be in the approved form, which will include additional requirements prescribed by regulation. The approved form of site agreement will be available on the Department of Housing and Public Works website.
Simplified precontractual disclosure
At least 21 days before entering into a site agreement, the site owner must give a prospective buyer:
- a residential park comparison document in the approved form (Form 16).
- a new Home Owners Information Document (replacing previous disclosure documents).
- a copy of the site agreement.
The Home Owners Information Document will be published on the Department of Housing and Public Works website.
The buyer can choose to reduce this disclosure period to seven days after obtaining independent legal advice and providing a waiver signed by their lawyer.
Prescribed bases for site rent increases
Site rent increases under new site agreements must be calculated according to one of the following bases prescribed by regulation:
- CPI-based increase.
- fixed percentage increase.
- fixed dollar amount increases .
- apportionment of the relevant rates increase for the residential park.
- the greater or lesser of any two of the above bases (e.g., the higher of CPI or 3.5%), or the sum of any two of the above bases (e.g. CPI + 1%).
Importantly, site rent increases are subject to an annual cap, set at the higher of CPI or 3.5%, which has been in effect since 6 June 2024. Any increase other than in accordance with one of the prescribed bases or exceeding the annual cap will be of no effect.
Improved payment options for existing home owners
Park owners must offer at least three approved payment methods for site rent, with at least one fee-free option. Home owners may change their payment method by notifying the park owner.
Further information
The Department of Housing and Public Works has published further information about these amendments and amendments that commenced earlier as part of this suite of reforms.
See also the Manufactured Homes (Residential Parks) Amendment Act 2024 (Qld) and Manufactured Homes (Residential Parks) Amendment Regulation 2025 (Qld).
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